C.S.H.B. 1266 78(R)    BILL ANALYSIS


C.S.H.B. 1266
By: Goolsby
Public Health
Committee Report (Substituted)

     

BACKGROUND AND PURPOSE 
Spinal manipulation or adjustment performed by person who does not have
adequate training may pose a health risk to an injured patient. This bill
requires a health care provider to receive additional hours of classroom
training and supervised clinical instruction in spinal manipulation or
adjustment in order to perform these techniques on a patient.  

RULEMAKING AUTHORITY
It is our opinion that this bill does not expressly delegate any
additional rulemaking authority to a state officer, department, agency, or
institution.  

ANALYSIS
The bill  amends the Occupations Code to prohibit a person from performing
spinal manipulation or adjustment unless the person has the legal
authority to make a differential diagnosis and has also received 300 hours
of classroom instruction and 600 hours of supervised clinical training, in
addition to meeting the other requirements for a license to practice
chiropractic. A person in violation of this provision is subject to
disciplinary action by the Texas Board of Chiropractic Examiners.
Additionally, the bill prohibits a licensed health care provider, other
than a licensed chiropractor, from performing spinal manipulation or
adjustment unless the person has received the above instruction and
training and the performance of spinal manipulation or adjustment is
within the scope of practice under the person's license. A licensed
healthcare provider who violates this provision engages in the unlawful
practice of the profession for which the person is licensed and is subject
to disciplinary action as provided by the law governing the person's
license. The bill provides that a person not licensed as a healthcare
professional commits a Class C misdemeanor if the person practices spinal
manipulation or adjustment without the required instruction and training.  

EFFECTIVE DATE
Upon passage, of if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003.  

COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 1266 reduces the requirement of classroom instruction from 400 to 300
hours and supervised clinical training from 800 to 600 hours. The
substitute also amends the penalty to a class C misdemeanor.